8/23/2020
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The Petition calls on the Court to determine whether the lower courts erred in
dismissing Anacleto's petition for declaration of nullity on the ground of insufficient
evidence.
The Court's Ruling
The Petition lacks merit.
Article 36 of the Family Code states:
A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations
of marriage, shall likewise be void even if such incapacity becomes manifest
only after its solemnization.
In a long line of cases, the Court has ruled that psychological incapacity under Article
36 must be characterized by gravity, juridical antecedence, and incurability.[30]
To warrant a declaration of nullity on the basis of Article 36, the incapacity "must be
grave or serious such that the party would be incapable of carrying out the ordinary
duties required in marriage; it must be rooted in the history of the party antedating the
marriage although the overt manifestations may emerge only after the marriage; and it
must be incurable or even if it were otherwise, the cure would be beyond the means of
the party involved."[31]
Anacleto insists that Linda's psychological incapacity warrants the nullification of their
marriage. His assertions remain hinged on the findings of Dr. Lopez who found Linda to
be afflicted with "Narcissistic Personality Disorder with Borderline Personality Disorder
Features," characterized by a "pervasive pattern of grandiosity and lack of empathy[,] x
x x instability of interpersonal relationship[s] x x x and marked impulsivity."[32] He also
stresses that according to Dr. Lopez, Linda's disorder can be traced back to her
"psychologically unhealthy childhood."[33]
Hence, contrary to the lower courts' findings, Anacleto argues that Dr. Lopez's findings
sufficiently show that Linda's incapacity is grave, permanent, incurable and has juridical
antecedence.[34]
The Court disagrees.
As stated, Anacleto's arguments stem from the findings of Dr. Lopez which, in turn, are
based on interviews he conducted with Anacleto, his secretary Marife and the parties'
family driver, Ronilo.[35]
In turn, Dr. Lopez based his findings on the factors which purportedly confronted Linda
during her childhood. As narrated in Dr. Lopez's Judicial Affidavit:
20. [Question]: You said that [Linda] is suffering from personality disorders.
What were the root causes of these?
[Answer]: The root cause of such could be traced back to her psychologically
unhealthy childhood due to her pathogenic family.
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